
A Guide to Criminal Investigation for Beginners
Description
index
01 Introduction
Verse 1.
Basic Common Sense About Humans, Human Rights, and Law 3
1.
Social Contract 3
(1) The essence of social contract theory 3
(2) Courage to not submit to unjust power 5
(3) Special will leans toward discrimination, while general will leans toward equality. 6
(4) The government is merely the executor of the sovereign. 7
(5) Proportionality and each role 8
(6) Consider what the general will is 8
2.
Human Rights and Law 9
(1) Human rights violations still exist today. 9
(2) Abuse of complex laws 10
(3) The Dangers of Legal Positivism 11
--
(4) Judgment on the universality of law 13
(5) The law is a restraint on freedom 14
(6) 15 first lifespan of the law
(7) Rule of law 15
3.
Crime and Punishment 19
(1) Distinction between criminal law theory and criminal law dogmatics 19
(2) Do not define justice arbitrarily. 20
(3) Essential competencies for criminal investigation - Understanding the materials required for fact-finding 21
Verse 2.
Basic Questions 23
1.
What is an investigation? 23
(1) Investigation is a failed prevention 25
(2) Investigation is a service 26
(3) The Foundation of Criminal Procedure 28
2.
Do I need to know a lot about the law to conduct an investigation? 29
3.
What is the highest level concept in investigative methodology? 30
4.
How do I become a forensic expert? 32
Verse 3.
Investigator's Thoughts and Attitudes 34
1.
Do you think you know? 34
2.
Why, How, What 35
3.
Beyond the expert, to a true intellectual 38
4.
Harmony of Technology, Creativity, and Science 39
5.
Become a good team member 40
6.
A Correct Understanding of Law and Conscience 41
7.
Attitudes toward the freedom to lie 45
8.
A woman in a hat! A teacher in a suit? 46
Verse 4.
Dangerous Investigation 48
1.
Tail Wagging the Dog 48
2.
Investigation of a Murder 49
3.
50 Cases of Abuse of Investigative Powers
4.
Presumption of Guilt Practice 52
Verse 5.
Ideology and Direction 54
1.
The Ideology of Criminal Procedure 54
2.
Understanding the Truth About the Miranda Revolution 56
3.
Proof of Innocence 61
4.
Principle of Proportionality in Investigation 62
5.
Principle 63 of Random Investigation
6.
Victim Protection 64
7.
Preventive? Preemptive Investigation 65
02 Understanding the reconstruction of the case and investigative methods
Verse 1.
70 Four Factors to Consider Simultaneously During an Investigation
1.
Translating Legal Language into Facts 71
2.
Legal judgment or issue on each factual relationship 76
3.
Discovery and matching of evidence to prove all facts existing within the scope of legal issues 78
4.
Comprehensive Review of the Suspect 81
Verse 2.
Understanding Case Reconstruction and Investigative Methods 83
1.
Investigative Diagram 83
2.
Human? Time? Space? Event Arrangement 85
3.
Reconstruction and Hypothesis of the Event 86
(1) Meaning 86
(2) Step 87 of reconstructing criminal facts
4.
Collection of initial data 91
5.
Case Analysis 92
(1) Meaning 92
(2) On-site situation analysis 93
(3) Criminal Behavior Analysis 94
(4) Evidence Analysis 98
6.
Setting the direction of the investigation 100
7.
Investigative Methods 101
(1) Investigation 102
(2) Tailing? Undercover Investigation 104
(3) Differential investigation 106
(4) Investigation Method 109
(5) Investigation of relics 109
(6) Stolen goods investigation 111
(7) Alibi Investigation 111
03 Case Analysis and Investigation Plan Preparation
Verse 1.
Initiation of the Investigation 114
1.
Activation of the right to initiate investigation 114
2.
Permissible scope of investigation 115
3.
Investigative Clue 119
4.
Accusations, Complaints, and Surrender 120
(1) Supplementary investigation of the plaintiff 120
(2) Matters investigated in the complaint case 123
(3) Accusation 127
(4) Embroidery 128
(5) Cancellation of complaint/accusation 128
(6) Considerations by Type of Cancellation of Complaint 129
5.
Extraction and Considerations of Elements 131
(1) Extraction of elements 131
(2) Consideration 133
6.
Confirmation and action on basic information 137
(1) Subject's criminal record, investigative record 137
(2) Confirmation of wanted status and imprisonment status 137
(3) Check if you are subject to a travel ban 137
(4) Identifying those involved in the incident 137
(5) Review of the subject of investigation, the content of evidence to be collected, and the planned investigation 138
(6) Confirmation of targets for notification of licensing-related crimes 138
(7) Notification of commencement of investigation into civil servant crime 139
Verse 2.
Extraction of Criminal Facts 139
1.
Meaning 139
2.
Criminal Facts Writing Method 143
(1) General description guidelines 143
(2) Expression of component elements 149
(3) Specific description of the method of crime 153
Verse 3.
Analysis of the Law 154
1.
The Significance of Legal Analysis 154
2.
Legal Analysis Example 156
(1) Refusal to return mining rights 156
(2) Motorcycle snatching 159
Verse 4.
Writing a Plan 170
1.
The Significance of the Investigation Plan 170
2.
What to Consider? 171
(1) Why are we investigating? 171
(2) What do you want to confirm? 172
(3) How should the investigation proceed? How far should the investigation proceed? (Investigative efficiency issues) 173
(4) Imagine all the possible cases 175
3.
Investigation Plan Writing Example 175
04 Interview with related parties
Verse 1.
Understanding Memory and Distortion 190
1.
Rashomon Effect 190
2.
Human Memory Process 192
3.
Why We Don't Perceive Things as They Are 195
4.
Cognitive Biases in Decision Making 197
(1) Anchoring effect 197
(2) Confirmation bias 198
(3) Guardianship bias 198
Verse 2.
Wouldn't an innocent person make a false confession? 199
1.
Suwon homeless girl assault death case 200
2.
Suwon Infant Abandonment and Death Case 202
3.
Boryeong Middle School Girl Assault Death Case 202
4.
Anseong Robbery and Murder Case 203
5.
Investigative Agency Behavior Leading to False Confessions 204
(1) Interviewer's preconceptions 204
(2) Coercive Interview 205
(3) Guilty if you don't speak 206
(4) Ignoring evidence favorable to the suspect 206
(5) Intentional manipulation of records 207
Verse 3.
Understanding Interview Methodology 208
1. REID Technique (for suspects) 208
(1) Concept 208
(2) Newspaper 9th stage 209
(3) Evaluation of lead techniques 213
2. PEACE Model (for all interviewees) 214
(1) Background of the Model's Birth 214
(2) Planning and Preparation 215
(3) Engage and Explain (Introduction and Explanation) 217
(4) Account, Clarification, and Challenge (Listening to Statements, Clarification, and Challenge) 219
(5) Closure and Evaluation 226
Verse 4.
Interview Design 228
1.
Information Collection and Verification 228
2.
Setting the Interview Purpose 228
(1) Meaning 228
(2) In case of crime victims 229
(3) In case of a crime witness 230
(4) In case of other reference persons, 230
3.
Example 230 of Extracting Survey Content
(1) What should I check if my credit card has been stolen and money has been withdrawn? 230
(2) In case of loan fraud 231
(3) In case of fraud using forged private documents 232
4.
Confirmation of interview subjects and order 233
Verse 5.
Preparing for and Requesting Attendance 234
1.
234 Materials to help you understand what to consider when initiating an investigation
2.
234 Additional Documents to be Obtained from the Victim
3.
235 Matters easily confirmed by request through official document or through police investigation system
4.
237 Request for Appearance of Victim
5.
237 Request for Appearance of Suspect (or Person Under Investigation)
Verse 6.
Full Interview 238
1.
Evidential value of reports prepared by investigative agencies 238
2.
Views on the Report 240
(1) The record is written for hearing 240
(2) The investigation is not a shorthand 241
3.
Presence of a person in a relationship of trust 243
4.
Pre-arrangement of an interpreter 245
(1) Qualifications of an interpreter 245
(2) Interpreter investigation method 246
05 Preparation of the report
Verse 1.
The Dangers of the Report 248
1.
History of the Trial by Record 248
2.
Problems with Question-and-Answer Forms 249
Verse 2.
General Guidelines for Writing Statements 251
1.
Use of Everyday Terms 251
2.
Use of Appropriate Titles 251
3.
Classification of items according to the 6-Ha or 8-Ha principle 252
4.
Short questions, long answers 252
5.
Consistent writing before and after 253
Verse 3.
Specific Instructions for Writing a Statement 253
1.
Preparation of the investigation process confirmation form 253
2.
255. Writing of Gapji
(1) Relationship with the suspect 255
(2) Relationship with the facts of the case 255
3.
Written by Eulji 255
(1) General matters 255
(2) Victim Investigation Guidelines 258
4.
Preparation of the final report 259
5.
Completing and Filing the Document 261
Verse 4.
Investigation of the suspect 261
1.
Understanding the suspect's mental state 261
2.
Methods and Standards for Judging the Credibility of Confession 263
3.
How to Ensure the Credibility of a Statement 264
(1) Write specifically and in detail 264
(2) The statement must be reasonable 264
(3) Confirm the reason for confession 264
(4) Obtain circumstantial evidence 265
Verse 5.
The order of preparing suspect interrogation records 265
1.
Research Design 265
2.
Setting the Attendance Request Method 267
3.
Storage of attendance request supporting documents 267
4.
Check if participant is 267
5.
Start of the investigation process confirmation form 269
6.
Notice of Right to Remain Silent, etc. 269
7.
Pre-investigation opinion hearing 270
8.
Injeong Newspaper 271
9.
Granting favorable testimony opportunity 271
10.
Preparation of the final report 271
11.
Print and View 272
Verse 6.
Specific writing instructions 272
1.
Matters concerning the suspect 272
(1) Notice of right to remain silent, etc. 272
(2) Injeong Newspaper 273
(3) Criminal record, education, career, family status, financial status, military service, awards, etc. 274
2.
Matters concerning criminal facts 275
(1) Subject (Who) 275
(2) Date and time (when, where) 276
(3) Object (to whom, what) 276
(4) Means, methods (how) 276
(5) Result 277
(6) Cause? Motive (Why) 278
(7) Situation after the crime 278
(8) Matters concerning prosecution requirements, etc. 279
(9) Favorable evidence or statements 279
3.
279 Writing Examples Based on Investigative Situations
(1) In case of denial 279
(2) When the investigator presents evidence, field drawings, etc. 281
(3) In case of confrontation with the victim or witness 282
(4) If the suspect submits materials 282
06 Seizure? Search and arrest? Detention
Verse 1.
Seizure? Search 284
1.
Strengthening the requirements for seizure and search 284
(1) Abolition of the theory of the invariance of nature and form 284
(2) The necessity of seizure and search 286
2.
Seizure of voluntary submissions 287
(1) Points to note 287
(2) Related evidence 288
(3) Seizure procedure 289
3.
Search and seizure by warrant 296
(1) The Essence of the Warrant Principle - Prohibition of General Warrants 296
(2) Re-examination of the concept of seizure and search 298
(3) Requirements for seizure and search 299
(4) Types of seizure and search warrants 303
(5) Procedures for seizure and search 305
4.
313 Things to Consider When Seizing Digital Evidence?
(1) Understanding the prerequisites 313
(2) Requirements for Recognition of the Admissibility of Digital Evidence 316
(3) Ensuring the legality of warrant execution 319
Verse 2.
Arrest? Detention 339
1.
339 arrested in the act
(1) Meaning 339
(2) Requirements for arrest of a criminal caught in the act 340
(3) Procedure for arresting a criminal caught in the act 342
2.
Emergency Arrest 344
(1) Requirements for emergency arrest 344
(2) Procedure for emergency arrest 346
3.
Arrest by Arrest Warrant 346
(1) Requirements for arrest 346
(2) Arrest procedures by arrest warrant 348
4.
Arrest 349
(1) Meaning 349
(2) This requirement is 350
(3) Limitation of restraint 353
(4) Example of description of reasons for detention when applying for a warrant 354
07 Report on the results of the investigation
Verse 1.
Significance and Importance 358
Verse 2.
Goal - Make the reader nod along 359
Verse 3.
Basic Principles 360
1.
Don't make the reader look back 360
2.
Write in object-oriented style 360
3.
Write with a focus on evidence 361
4.
Don't be a stickler, just "cite the process with the outcome in mind." 363
Verse 4.
363 at the time of writing the results report
1.
The investigation report is prepared from the beginning of the investigation, not at the conclusion of the investigation. 363
2.
Once the necessary investigations are completed, the report will be finalized immediately. 363
3.
When drafting a report, don't look at the records 364
4.
Do not write in table of contents 364
Verse 5.
Conditions for a Good Argument 365
1.
Writing is a form of thinking 365
2.
Relevance 366
3.
The Truth of the Premise 367
4.
Sufficient grounds 368
5.
Putting the Rebuttal to Sleep 369
Verse 6.
Composition 370
1.
Overall framework 370
2.
Order of composition 374
(1) Complete understanding of the incident 374
(2) Understanding the law 374
(3) Extraction of requirements affecting crime and punishment 374
(4) Extraction of evidence to confirm crime 376
(5) Extraction of excuses against admission of crime 376
(6) Selection of Evidence 377
(7) Decision on whether to send or not to send 378
(8) Determining the report writing method 378
Verse 7.
Specific writing instructions 379
1.
Common Requirement 379
(1) Write in the following order: current status, issues, analysis, and conclusion 379
(2) The principle is to write by crime facts 379
(3) Personal opinions should not be written without basis. 380
(4) The method of listing the plaintiff's statement first must be avoided. 380
2.
Songchi's Results Report 381
(1) If the suspect admits to the charges 381
(2) If the suspect denies the charges 381
3.
Report on the results of the non-filing 384
(1) In case of no right to prosecute 384
(2) In case of no crime 385
(3) In case of no suspicion 385
Verse 8.
Case Study 387: Investigation Report Preparation
1.
Writing Practice: Hit Me, Hit Me Incident 387
2.
389 cases of indictment and prosecution for fraud and violation of the Bad Check Act
3.
Evidence-Based Results Report 1 393
4.
Evidence-based Results Report 2 397
5.
Example 399 of a logical development that rejects the suspect's claim
6.
Case 403: Insufficient Evidence Related to Construction Contracts
7.
Common Cases of Merchandise Fraud 405
Verse 9.
Advice 407
Verse 1.
Basic Common Sense About Humans, Human Rights, and Law 3
1.
Social Contract 3
(1) The essence of social contract theory 3
(2) Courage to not submit to unjust power 5
(3) Special will leans toward discrimination, while general will leans toward equality. 6
(4) The government is merely the executor of the sovereign. 7
(5) Proportionality and each role 8
(6) Consider what the general will is 8
2.
Human Rights and Law 9
(1) Human rights violations still exist today. 9
(2) Abuse of complex laws 10
(3) The Dangers of Legal Positivism 11
--
(4) Judgment on the universality of law 13
(5) The law is a restraint on freedom 14
(6) 15 first lifespan of the law
(7) Rule of law 15
3.
Crime and Punishment 19
(1) Distinction between criminal law theory and criminal law dogmatics 19
(2) Do not define justice arbitrarily. 20
(3) Essential competencies for criminal investigation - Understanding the materials required for fact-finding 21
Verse 2.
Basic Questions 23
1.
What is an investigation? 23
(1) Investigation is a failed prevention 25
(2) Investigation is a service 26
(3) The Foundation of Criminal Procedure 28
2.
Do I need to know a lot about the law to conduct an investigation? 29
3.
What is the highest level concept in investigative methodology? 30
4.
How do I become a forensic expert? 32
Verse 3.
Investigator's Thoughts and Attitudes 34
1.
Do you think you know? 34
2.
Why, How, What 35
3.
Beyond the expert, to a true intellectual 38
4.
Harmony of Technology, Creativity, and Science 39
5.
Become a good team member 40
6.
A Correct Understanding of Law and Conscience 41
7.
Attitudes toward the freedom to lie 45
8.
A woman in a hat! A teacher in a suit? 46
Verse 4.
Dangerous Investigation 48
1.
Tail Wagging the Dog 48
2.
Investigation of a Murder 49
3.
50 Cases of Abuse of Investigative Powers
4.
Presumption of Guilt Practice 52
Verse 5.
Ideology and Direction 54
1.
The Ideology of Criminal Procedure 54
2.
Understanding the Truth About the Miranda Revolution 56
3.
Proof of Innocence 61
4.
Principle of Proportionality in Investigation 62
5.
Principle 63 of Random Investigation
6.
Victim Protection 64
7.
Preventive? Preemptive Investigation 65
02 Understanding the reconstruction of the case and investigative methods
Verse 1.
70 Four Factors to Consider Simultaneously During an Investigation
1.
Translating Legal Language into Facts 71
2.
Legal judgment or issue on each factual relationship 76
3.
Discovery and matching of evidence to prove all facts existing within the scope of legal issues 78
4.
Comprehensive Review of the Suspect 81
Verse 2.
Understanding Case Reconstruction and Investigative Methods 83
1.
Investigative Diagram 83
2.
Human? Time? Space? Event Arrangement 85
3.
Reconstruction and Hypothesis of the Event 86
(1) Meaning 86
(2) Step 87 of reconstructing criminal facts
4.
Collection of initial data 91
5.
Case Analysis 92
(1) Meaning 92
(2) On-site situation analysis 93
(3) Criminal Behavior Analysis 94
(4) Evidence Analysis 98
6.
Setting the direction of the investigation 100
7.
Investigative Methods 101
(1) Investigation 102
(2) Tailing? Undercover Investigation 104
(3) Differential investigation 106
(4) Investigation Method 109
(5) Investigation of relics 109
(6) Stolen goods investigation 111
(7) Alibi Investigation 111
03 Case Analysis and Investigation Plan Preparation
Verse 1.
Initiation of the Investigation 114
1.
Activation of the right to initiate investigation 114
2.
Permissible scope of investigation 115
3.
Investigative Clue 119
4.
Accusations, Complaints, and Surrender 120
(1) Supplementary investigation of the plaintiff 120
(2) Matters investigated in the complaint case 123
(3) Accusation 127
(4) Embroidery 128
(5) Cancellation of complaint/accusation 128
(6) Considerations by Type of Cancellation of Complaint 129
5.
Extraction and Considerations of Elements 131
(1) Extraction of elements 131
(2) Consideration 133
6.
Confirmation and action on basic information 137
(1) Subject's criminal record, investigative record 137
(2) Confirmation of wanted status and imprisonment status 137
(3) Check if you are subject to a travel ban 137
(4) Identifying those involved in the incident 137
(5) Review of the subject of investigation, the content of evidence to be collected, and the planned investigation 138
(6) Confirmation of targets for notification of licensing-related crimes 138
(7) Notification of commencement of investigation into civil servant crime 139
Verse 2.
Extraction of Criminal Facts 139
1.
Meaning 139
2.
Criminal Facts Writing Method 143
(1) General description guidelines 143
(2) Expression of component elements 149
(3) Specific description of the method of crime 153
Verse 3.
Analysis of the Law 154
1.
The Significance of Legal Analysis 154
2.
Legal Analysis Example 156
(1) Refusal to return mining rights 156
(2) Motorcycle snatching 159
Verse 4.
Writing a Plan 170
1.
The Significance of the Investigation Plan 170
2.
What to Consider? 171
(1) Why are we investigating? 171
(2) What do you want to confirm? 172
(3) How should the investigation proceed? How far should the investigation proceed? (Investigative efficiency issues) 173
(4) Imagine all the possible cases 175
3.
Investigation Plan Writing Example 175
04 Interview with related parties
Verse 1.
Understanding Memory and Distortion 190
1.
Rashomon Effect 190
2.
Human Memory Process 192
3.
Why We Don't Perceive Things as They Are 195
4.
Cognitive Biases in Decision Making 197
(1) Anchoring effect 197
(2) Confirmation bias 198
(3) Guardianship bias 198
Verse 2.
Wouldn't an innocent person make a false confession? 199
1.
Suwon homeless girl assault death case 200
2.
Suwon Infant Abandonment and Death Case 202
3.
Boryeong Middle School Girl Assault Death Case 202
4.
Anseong Robbery and Murder Case 203
5.
Investigative Agency Behavior Leading to False Confessions 204
(1) Interviewer's preconceptions 204
(2) Coercive Interview 205
(3) Guilty if you don't speak 206
(4) Ignoring evidence favorable to the suspect 206
(5) Intentional manipulation of records 207
Verse 3.
Understanding Interview Methodology 208
1. REID Technique (for suspects) 208
(1) Concept 208
(2) Newspaper 9th stage 209
(3) Evaluation of lead techniques 213
2. PEACE Model (for all interviewees) 214
(1) Background of the Model's Birth 214
(2) Planning and Preparation 215
(3) Engage and Explain (Introduction and Explanation) 217
(4) Account, Clarification, and Challenge (Listening to Statements, Clarification, and Challenge) 219
(5) Closure and Evaluation 226
Verse 4.
Interview Design 228
1.
Information Collection and Verification 228
2.
Setting the Interview Purpose 228
(1) Meaning 228
(2) In case of crime victims 229
(3) In case of a crime witness 230
(4) In case of other reference persons, 230
3.
Example 230 of Extracting Survey Content
(1) What should I check if my credit card has been stolen and money has been withdrawn? 230
(2) In case of loan fraud 231
(3) In case of fraud using forged private documents 232
4.
Confirmation of interview subjects and order 233
Verse 5.
Preparing for and Requesting Attendance 234
1.
234 Materials to help you understand what to consider when initiating an investigation
2.
234 Additional Documents to be Obtained from the Victim
3.
235 Matters easily confirmed by request through official document or through police investigation system
4.
237 Request for Appearance of Victim
5.
237 Request for Appearance of Suspect (or Person Under Investigation)
Verse 6.
Full Interview 238
1.
Evidential value of reports prepared by investigative agencies 238
2.
Views on the Report 240
(1) The record is written for hearing 240
(2) The investigation is not a shorthand 241
3.
Presence of a person in a relationship of trust 243
4.
Pre-arrangement of an interpreter 245
(1) Qualifications of an interpreter 245
(2) Interpreter investigation method 246
05 Preparation of the report
Verse 1.
The Dangers of the Report 248
1.
History of the Trial by Record 248
2.
Problems with Question-and-Answer Forms 249
Verse 2.
General Guidelines for Writing Statements 251
1.
Use of Everyday Terms 251
2.
Use of Appropriate Titles 251
3.
Classification of items according to the 6-Ha or 8-Ha principle 252
4.
Short questions, long answers 252
5.
Consistent writing before and after 253
Verse 3.
Specific Instructions for Writing a Statement 253
1.
Preparation of the investigation process confirmation form 253
2.
255. Writing of Gapji
(1) Relationship with the suspect 255
(2) Relationship with the facts of the case 255
3.
Written by Eulji 255
(1) General matters 255
(2) Victim Investigation Guidelines 258
4.
Preparation of the final report 259
5.
Completing and Filing the Document 261
Verse 4.
Investigation of the suspect 261
1.
Understanding the suspect's mental state 261
2.
Methods and Standards for Judging the Credibility of Confession 263
3.
How to Ensure the Credibility of a Statement 264
(1) Write specifically and in detail 264
(2) The statement must be reasonable 264
(3) Confirm the reason for confession 264
(4) Obtain circumstantial evidence 265
Verse 5.
The order of preparing suspect interrogation records 265
1.
Research Design 265
2.
Setting the Attendance Request Method 267
3.
Storage of attendance request supporting documents 267
4.
Check if participant is 267
5.
Start of the investigation process confirmation form 269
6.
Notice of Right to Remain Silent, etc. 269
7.
Pre-investigation opinion hearing 270
8.
Injeong Newspaper 271
9.
Granting favorable testimony opportunity 271
10.
Preparation of the final report 271
11.
Print and View 272
Verse 6.
Specific writing instructions 272
1.
Matters concerning the suspect 272
(1) Notice of right to remain silent, etc. 272
(2) Injeong Newspaper 273
(3) Criminal record, education, career, family status, financial status, military service, awards, etc. 274
2.
Matters concerning criminal facts 275
(1) Subject (Who) 275
(2) Date and time (when, where) 276
(3) Object (to whom, what) 276
(4) Means, methods (how) 276
(5) Result 277
(6) Cause? Motive (Why) 278
(7) Situation after the crime 278
(8) Matters concerning prosecution requirements, etc. 279
(9) Favorable evidence or statements 279
3.
279 Writing Examples Based on Investigative Situations
(1) In case of denial 279
(2) When the investigator presents evidence, field drawings, etc. 281
(3) In case of confrontation with the victim or witness 282
(4) If the suspect submits materials 282
06 Seizure? Search and arrest? Detention
Verse 1.
Seizure? Search 284
1.
Strengthening the requirements for seizure and search 284
(1) Abolition of the theory of the invariance of nature and form 284
(2) The necessity of seizure and search 286
2.
Seizure of voluntary submissions 287
(1) Points to note 287
(2) Related evidence 288
(3) Seizure procedure 289
3.
Search and seizure by warrant 296
(1) The Essence of the Warrant Principle - Prohibition of General Warrants 296
(2) Re-examination of the concept of seizure and search 298
(3) Requirements for seizure and search 299
(4) Types of seizure and search warrants 303
(5) Procedures for seizure and search 305
4.
313 Things to Consider When Seizing Digital Evidence?
(1) Understanding the prerequisites 313
(2) Requirements for Recognition of the Admissibility of Digital Evidence 316
(3) Ensuring the legality of warrant execution 319
Verse 2.
Arrest? Detention 339
1.
339 arrested in the act
(1) Meaning 339
(2) Requirements for arrest of a criminal caught in the act 340
(3) Procedure for arresting a criminal caught in the act 342
2.
Emergency Arrest 344
(1) Requirements for emergency arrest 344
(2) Procedure for emergency arrest 346
3.
Arrest by Arrest Warrant 346
(1) Requirements for arrest 346
(2) Arrest procedures by arrest warrant 348
4.
Arrest 349
(1) Meaning 349
(2) This requirement is 350
(3) Limitation of restraint 353
(4) Example of description of reasons for detention when applying for a warrant 354
07 Report on the results of the investigation
Verse 1.
Significance and Importance 358
Verse 2.
Goal - Make the reader nod along 359
Verse 3.
Basic Principles 360
1.
Don't make the reader look back 360
2.
Write in object-oriented style 360
3.
Write with a focus on evidence 361
4.
Don't be a stickler, just "cite the process with the outcome in mind." 363
Verse 4.
363 at the time of writing the results report
1.
The investigation report is prepared from the beginning of the investigation, not at the conclusion of the investigation. 363
2.
Once the necessary investigations are completed, the report will be finalized immediately. 363
3.
When drafting a report, don't look at the records 364
4.
Do not write in table of contents 364
Verse 5.
Conditions for a Good Argument 365
1.
Writing is a form of thinking 365
2.
Relevance 366
3.
The Truth of the Premise 367
4.
Sufficient grounds 368
5.
Putting the Rebuttal to Sleep 369
Verse 6.
Composition 370
1.
Overall framework 370
2.
Order of composition 374
(1) Complete understanding of the incident 374
(2) Understanding the law 374
(3) Extraction of requirements affecting crime and punishment 374
(4) Extraction of evidence to confirm crime 376
(5) Extraction of excuses against admission of crime 376
(6) Selection of Evidence 377
(7) Decision on whether to send or not to send 378
(8) Determining the report writing method 378
Verse 7.
Specific writing instructions 379
1.
Common Requirement 379
(1) Write in the following order: current status, issues, analysis, and conclusion 379
(2) The principle is to write by crime facts 379
(3) Personal opinions should not be written without basis. 380
(4) The method of listing the plaintiff's statement first must be avoided. 380
2.
Songchi's Results Report 381
(1) If the suspect admits to the charges 381
(2) If the suspect denies the charges 381
3.
Report on the results of the non-filing 384
(1) In case of no right to prosecute 384
(2) In case of no crime 385
(3) In case of no suspicion 385
Verse 8.
Case Study 387: Investigation Report Preparation
1.
Writing Practice: Hit Me, Hit Me Incident 387
2.
389 cases of indictment and prosecution for fraud and violation of the Bad Check Act
3.
Evidence-Based Results Report 1 393
4.
Evidence-based Results Report 2 397
5.
Example 399 of a logical development that rejects the suspect's claim
6.
Case 403: Insufficient Evidence Related to Construction Contracts
7.
Common Cases of Merchandise Fraud 405
Verse 9.
Advice 407
Publisher's Review
Sometimes, when I look at the scales used by investigators, I wonder if the standards are different for each object being weighed.
I remember reading a study that showed that male judges in the United States gave lighter sentences to female defendants they found attractive.
If even judges, who are supposed to be the most impartial, are like this, wouldn't investigators, whose goal is to uncover criminal charges, be more likely to use their own subjective scales? Beyond this general possibility, the effort to be an impartial investigator must always consider individual circumstances—what is "me, for me"—and, if something seems wrong, resolve and practice not to do so.
Abuse and deviation from discretion occur more frequently when there is greater room for discretion.
Especially for those who grew up and worked in a patriarchal and authoritarian organizational culture, there is a risk that their sensitivity to human dignity will be significantly low. Therefore, if such people conduct an investigation without a filtering device, the act itself is likely to lead to secondary harm.
We must acknowledge that it may be human nature to be tolerant of the strong and swing a cruel, ruthless sword at the weak, even in the same matter.
The author always gives the following advice to those who are new to investigation:
“Investigator, don’t look at the situation you’re in from your own perspective. Think and act as if you were making a movie or documentary of everything you think and do for the public to see.”
The public trusts that investigators will always use certified scales of the same performance.
It is also expected that the scales will be identical to those used by the public.
The investigator is not a royalty or slave born in ancient or medieval times.
You are not born a detective or an investigator, and you will not die a detective or an investigator.
Investigators are also citizens living in the same era, and they are simply responsible for conducting investigations or inquiries based on their own choices.
After completing your daily work and leaving work, you will once again stand in the position of a citizen, and after retirement, you will fully return to the position of a citizen.
If you don't want to be a weak citizen living in a scary country, you have to make the country afraid of its citizens by making the investigators afraid of the citizens themselves.
July 2025
Written by the author
I remember reading a study that showed that male judges in the United States gave lighter sentences to female defendants they found attractive.
If even judges, who are supposed to be the most impartial, are like this, wouldn't investigators, whose goal is to uncover criminal charges, be more likely to use their own subjective scales? Beyond this general possibility, the effort to be an impartial investigator must always consider individual circumstances—what is "me, for me"—and, if something seems wrong, resolve and practice not to do so.
Abuse and deviation from discretion occur more frequently when there is greater room for discretion.
Especially for those who grew up and worked in a patriarchal and authoritarian organizational culture, there is a risk that their sensitivity to human dignity will be significantly low. Therefore, if such people conduct an investigation without a filtering device, the act itself is likely to lead to secondary harm.
We must acknowledge that it may be human nature to be tolerant of the strong and swing a cruel, ruthless sword at the weak, even in the same matter.
The author always gives the following advice to those who are new to investigation:
“Investigator, don’t look at the situation you’re in from your own perspective. Think and act as if you were making a movie or documentary of everything you think and do for the public to see.”
The public trusts that investigators will always use certified scales of the same performance.
It is also expected that the scales will be identical to those used by the public.
The investigator is not a royalty or slave born in ancient or medieval times.
You are not born a detective or an investigator, and you will not die a detective or an investigator.
Investigators are also citizens living in the same era, and they are simply responsible for conducting investigations or inquiries based on their own choices.
After completing your daily work and leaving work, you will once again stand in the position of a citizen, and after retirement, you will fully return to the position of a citizen.
If you don't want to be a weak citizen living in a scary country, you have to make the country afraid of its citizens by making the investigators afraid of the citizens themselves.
July 2025
Written by the author
GOODS SPECIFICS
- Date of issue: August 10, 2025
- Page count, weight, size: 430 pages | 176*248*30mm
- ISBN13: 9791130323497
- ISBN10: 1130323498
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